STATE OF GUJARAT Vs. ZINZUWADIA MAHIPAT L KOLI

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order of the learned Judicial Magistrate, First Class, Kalawad, dated 6th October, 1994, rendered in Criminal Case No. 280 of 1993, whereby, the respondent (original accused) has been acquitted of the offences punishable under Sections 323 and 504 of the Indian Penal Code, and Section 135(1) of the Bombay Police Act.

(2.) The Appeal was admitted on 27th March, 1995. In the facts and circumstances of the case and with the consent of the learned Counsel for the parties, this Appeal is being finally heard and disposed of today.

(3.) Briefly stated, the case of the prosecution is that a complaint was filed by PW 1, Tidabhai Jivabhai, on 20th March, 1993, to the effect that when he was sleeping at home at night, at about 3:00 a.m., his wife woke him up saying that some noise and shouting is going on in the nearby hut of Mohanbhai. The complainant came out of his house and went to the house of Mohanbhai, who had expired five years previously. The wife of Mohanbhai, along with her children, was living in the said house. On going there, the complainant found Labhuben (PW 3) and the accused present there. The accused was quarreling with Labhuben. As stated in the complaint, on asking the accused why he was fighting with Labhuben, the accused got excited and started abusing the complainant. Thereafter, the accused took out a knife from his pant and gave a knife blow to the complainant who, in order to save himself, raised his arm and sustained a cut with the knife on the wrist of his left hand. It is further stated that on hearing the commotion, Harsukh Visa, Vinu Moti, Lala Magan and all, who were living in the neighbourhood of the complainant, came there and the accused went away while uttering abuses. Thereafter, the complainant went to the Police Station and filed the complaint.